08 cases of relieve of duty for officials holding a leading or managerial post in Vietnam from September 17, 2024

08 cases of relieve of duty for officials holding a leading or managerial post from September 17, 2024 (Image from the Internet)

08 Cases of relieve of duty for officials holding a leading or managerial post in Vietnam from September 17, 2024

According to Clause 1, Article 66 of Decree 138/2020/ND-CP, amended by Decree 116/2024/ND-CP, officials holding a leading or managerial post will be dismissed if they fall into the following cases:

(1) Disciplinary warning or reprimand but with declining reputation, unable to continue holding the position;

(2) Disciplinary reprimand or warning twice or more within the same appointment term;

(3) Receiving more than two-thirds of low confidence votes during the confidence vote as prescribed by the competent authority;

(4) Being rated as not completing tasks for two consecutive years;

(5) Concluded by the competent authority to be degraded in political ideology, ethics, lifestyle, “self-evolution”, “self-transformation”; violates what Party members are not allowed to do; violates the responsibility to set an example, causing an adverse impact on the credibility of oneself and the office, organization, or unit where serving;

(6) Concluded by the competent authority to violate political standards according to the Communist Party’s regulations on internal political protection to the extent of requiring dismissal;

(7) The head of the organization, unit under management, or direct subordinate is found to have committed serious corruption, negativity;

(8) Other cases as prescribed by law.

Procedure for considering relieve of duty for officials holding a leading or managerial post in Vietnam from September 17, 2024

Specifically, clauses 2, 3, Article 66 of Decree 138/2020/ND-CP, amended by Decree 116/2024/ND-CP, provide for the procedure for considering the relieve of duty for officials holding a leading or managerial post in Vietnam from September 17, 2024 as follows:

- Upon having sufficient grounds to dismiss officials holding a leading or managerial post as prescribed, within 10 working days, the advisory body on organization and personnel is responsible for discussing with the official and proposing the competent authority for consideration and decision.

- The competent authority must consider and decide on the dismissal no later than 10 working days from the date of receiving the proposal; in necessary cases due to objective reasons, the period can be extended but no more than 15 working days.

The leadership body of the office, organization, or unit and the corresponding Party Executive Committee must discuss, clearly identify the grounds for dismissal based on the proposal of the advisory body on organization and personnel before conducting a secret ballot vote.

The decision on dismissal of an official must attain over 50% agreement from the leadership body and the corresponding Party Executive Committee; if it reaches 50% or less, the leader will decide according to their authority or submit to the competent authority for consideration and decision.

Note: After the leadership and management official is dismissed, the competent authority will consider assigning the official to tasks suitable to the agency's or unit's job requirements; the official is responsible for complying with the competent authority's assignment decision. In cases where the official is dismissed due to being rated as not completing tasks for two consecutive years, the competent authority will terminate their employment according to the law.

Policies and benefit for officials holding a leading or managerial post who resign or are relieved of duty in Vietnam

The policies and benefit for officials holding a leading or managerial post who resign or are relieved of duty in Vietnam are provided as follows:

- After resigning, if the leadership and management official wishes to continue working, the competent authority will consider and assign them to appropriate tasks based on their ability, expertise, qualifications, and professional training. The assignment of tasks to officials who resign after being disciplined follows the competent authority's regulations.

- If the leadership and management official continues to work after resigning, their leadership position allowance will be preserved as follows:

(i) The leadership position allowance currently received will be preserved until the end of the term for cases of resignation based on points a, b, or đ, Clause 1, Article 65 of Decree 138/2020/ND-CP;

(ii) The leadership position allowance currently received will be preserved for six months from the date of the resignation decision for cases of resignation based on points c or d, Clause 1, Article 65 of Decree 138/2020/ND-CP if the term remains six months or more; if less than six months, follow (i).

- Dismissed officials holding a leading or managerial post do not receive leadership position allowances from the date of the dismissal decision. Dismissed officials wishing to continue working will be considered for assignment to professional tasks (non-leadership, non-management) and placed in the appropriate official rank based on the job position.

- If officials voluntarily request to retire or resign after being dismissed, the current regulations will be followed.

(Article 68 of Decree 138/2020/ND-CP, amended by Decree 116/2024/ND-CP)

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